Dukhaharan Sharma @ Dukhanan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38279 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -MADHUBANI TOWN District- MADHUBANI ====================================================== DUKHAHARAN SHARMA @ DUKHANAN SHARMA Son of Sukhdeo Sharma, R/o Village- Basuara, P.S.- Madhubani Town, DistrictMadhubani. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-08-2017 Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned counsel for the State. The petitioner apprehends his arrest in connection with Madhubani Town P.S. Case No. 99/2017 registered for the offence(s) under section(s) 302/34 of the Indian Penal Code. This petitioner is full brother of deceased and allegation is that this petitioner and his son abused and assaulted the father of informant. The assault by son of this petitioner proved fatal to the deceased.
The learned counsel for the petitioner submits that the occurrence of assault took place as the deceased had opposed his brother's son while removing soil from his land. The petitioner is full brother of the deceased and the death of the deceased has
Patna High Court Cr.Misc. No.38279 of 2017 (2) dt.18-08-2017 2/2 actually taken place on account of cardiac failure and so, the petitioner deserves anticipatory bail.
The learned Additional Public Prosecutor opposed the aforesaid submission On perusal of the FIR, I find that there is specific allegation that this petitioner and his son assaulted the victim, as a result of which he sustained head injury and thereafter, he was moved to hospital where he was declared dead. Considering the nature of allegation, facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner and accordingly, his prayer is rejected. (Sanjay Kumar, J) Mahesh/- U T